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25 Feb 2016, 9:01 pm by Vikram David Amar
With the president and the Senate staking out their relative positions concerning the Supreme Court vacancy created by Antonin Scalia’s death, Americans need to understand the basic ground rules of the judicial appointments game. [read post]
2 Apr 2015, 4:50 am by Robin Shea
” It’s probably not surprising that Justices Antonin Scalia and Clarence Thomas dissented, but maybe a bit more surprising that Justice Anthony Kennedy – generally seen as a “swing” vote – joined in the dissent. [read post]
26 Jun 2019, 8:27 pm by Ilya Somin
" I gave my take on this in comments I made, quoted in Gass' article: Many [past] decisions support the notion that precedents should sometimes be overturned, says Ilya Somin, a professor at George Mason University's Antonin Scalia Law School. [read post]
18 Sep 2019, 12:21 pm by Frank Ravitch
Yet, as Justice Antonin Scalia pointed out in his Locke dissent, and as the Locke majority would surely have agreed, one way to avoid discrimination in violation of the free exercise clause is not to provide any public funding for private education, whether religious or not. [read post]
27 Feb 2024, 2:42 pm by Emma Babler
Legal Studies Research Paper No. 1796 by JOSHUA BRAVER, UW Law School, and Ilya Somin, George Mason University- Antonin Scalia Law School We argue that exclusionary zoning—the imposition of restrictions on the amount and types of housing that property owners are allowed to build— is unconstitutional because it violates the Takings Clause of the Fifth Amendment. [read post]
29 Jun 2017, 12:28 pm by John Eastman
Many commentators have attributed the lack of such cases to the fact that the court was undermanned after the death of Justice Antonin Scalia in February 2016, evenly split on such ideologically-charged issues. [read post]
15 Aug 2023, 9:01 pm by Michael C. Dorf
Recently and in response to Senate Republicans’ denying President Barack Obama the opportunity to fill the vacancy created by Justice Antonin Scalia’s death followed by their hypocritical rush to confirm President Donald Trump’s nominee to the vacancy created by Justice Ruth Bader Ginsburg’s death, many of the Court’s critics have called for Congress to expand the Court. [read post]
23 May 2010, 7:10 am by Gritsforbreakfast
Josh Marquis, a DA from Oregon once cited on the subject by Antonin Scalia from the bench, has given the lowest number I've seen: He's settled on an estimate that innocents are convicted .75% of the time. [read post]
4 Dec 2022, 9:12 pm by Michael S. Knoll
Alternatively, as the late Justice Antonin Scalia advocated, the Court could eliminate the undue-burden strand of the doctrine, leaving only the prohibition against discrimination. [read post]
19 Jan 2023, 6:33 am by John Elwood
Almost two decades after the summary reversal in Watts, after a string of landmark criminal procedure holdings emphasizing the constitutional centrality of jury factfinding in criminal sentencing, Justice Antonin Scalia, joined by Justices Ruth Bader Ginsburg and Clarence Thomas, filed an opinion dissenting from denial of certiorari in a case challenging acquitted-conduct sentencing. [read post]
8 Jul 2019, 9:24 am by Adam Feldman
For the purpose of this post, Justice Sandra Day O’Connor/Alito, Justice Antonin Scalia/Justice Neil Gorsuch, Justice Clarence Thomas, Roberts and Justice Brett Kavanaugh are coded as conservative justices. [read post]
25 Jul 2012, 9:11 am by Matthew Salzwedel
As Justice Antonin Scalia and Bryan Garner point out in Making Your Case: The Art of Persuading Judges, “the judge who does not happen to know the obscure Latin phrase you have flaunted will think you a twit. [read post]
16 Jul 2010, 4:44 pm by Lyle Denniston
Kennedy, Antonin Scalia and Clarence Thomas. [read post]
14 Mar 2015, 7:56 pm by Jarod Bona
Justice Anthony Kennedy wrote the Court’s majority opinion and Justice Samuel Alito filed a dissent, which Justices Antonin Scalia and Clarence Thomas joined. [read post]
26 Jun 2017, 4:09 am by Edith Roberts
” At Empirical SCOTUS, Adam Feldman assesses the available data about Justice Neil Gorsuch’s approach to Supreme Court judging and looks at the early performances of Justices Antonin Scalia and Clarence Thomas, concluding that “we may see Justice Gorsuch strengthen the coalitions he has already participated in and continue to make narrow decisions based predominantly on his readings of the plain text of statutes. [read post]
8 Aug 2018, 7:25 am by Sarah Harrington
” That structural “unitary Executive,” Kavanaugh explained (borrowing from Justice Antonin Scalia), was intended “to preserve individual freedom. [read post]